This Order lays down the requirements to be fulfilled by animal products originating in third countries and the arrangements for the control of such products at the time of importation or by way of transport by air.

The terms used in this order are defined in the order of 18 April 2007 concerning the import, transit and export of animals and animal products ¹ .

¹ This order shall apply to import and transit:

A.

Animal seed, unfertilized ovules and embryons;

B.

Food of animal origin;

C.

Food containing a share of food of animal origin;

D.

Animal by-products;

E.

Hay and straw; and

F.

Other substances that may be vectors of epizootic diseases.

² The Federal Department of the Interior (DFI) ¹ Defines foodstuffs containing a share of food of animal origin and other substances likely to be the vectors of epizootic diseases.

³ Unless otherwise provided in this order, the order of 18 April 2007 concerning the import, transit and export of animals and animal products ² Applies.

⁴ This order, except s. 13, does not apply to the import or transit of foodstuffs of animal origin served on board aeroplanes.

The person subject to the obligation to report must:

A.

Announce the consignments to be checked at the Border Veterinary Service by fax prior to arrival;

B.

Inform the Border Veterinary Service of the Border Veterinary Service of the airport by telephone of the arrival of the consignments prior to the landing of the aircraft, if the consignments arrive outside the clearance hours of the Border Veterinary Service;

C.

Bring the consignments to the Border Veterinary Service for control in accordance with its instructions;

D.

Submit the required documentation to the Border Veterinary Service;

E.

Facilitate the work of the Frontier Veterinary Service by providing it with its own consignments to be controlled and retaking them when control is complete; and

F.

Forward instructions from the Border Veterinary Service to those responsible.

¹ Handling agents mandated by airport operators are treated as persons subject to reporting requirements.

² They must transmit to the Frontier Veterinary Service, upon request, cargo manifests of aircraft, air waybills and supplementary documents in paper and electronic versions.

³ Airport operators communicate to the Federal Office of Food Safety and Veterinary Affairs (FVO) ¹ The name and contact information of the mandated handling agents and inform them of their obligations under paras. 1 and 2.

¹ Handling agents are required to submit the information and supporting documents prescribed by this order to the Border Veterinary Service within the prescribed time limit.

² If the lots referred to in s. 18 and 19, the airline that transports them is required to submit the required information and supporting documentation to the handling agents within the prescribed time limit.

³ For all other consignments, the importer or the freight forwarder acting on his behalf shall be required to submit the required information and supporting documents to the handling agents within the prescribed time limit.

¹ The position is required to present the consignments subject to veterinary control to the Border Veterinary Service of a registered border inspection post before issuing the customs declaration required by the customs taxation procedure.

² The obligation to announce the consignments prior to their arrival, referred to in s. 4, para. 1, let a, does not apply.

³ The FVO can lay charges to secure transport and intermediate storage of the lots.

¹ Special charges, set out in paragraphs 2 to 4, shall apply to the import and transit of the following consignments:

A.

Animal products that must be imported with a specific health certificate; the DFI designates these animal products;

B.

Lots that have been sampled and the results of which are not yet known at the time of departure;

C.

Lots subject to the control of hygiene and the search for foreign substances in game under Art. 26;

D.

Lots re-imported under s. 12; or

E.

Consignments to Member States or regions subject to special conditions prescribed by the law of the European Community.

² The consignments destined for the territory of importation shall be released by customs but with the burden of having to be announced within three working days following their release by the Frontier Veterinary Service in accordance with Art. 9, para. 4.

³ Batches intended for a Member State of the European Union must be transported in accordance with the T1 procedure, as defined in Art. 2, c. 2, of the Convention of 20 May 1987 on a common transit procedure ¹ .

⁴ The Border Veterinary Service shall inform Traces The competent supervisory authority:

A.

The country of destination, if the undertaking is in a Member State of the European Union;

B.

The canton of destination, if the undertaking is located in the territory of import; in that case, it shall inform the authority also by electronic mail; or

C.

The border inspection post of the Member State of the European Union concerned as a consignment referred to in Art. 23 will arrive at this position without having been fully controlled by the Border Veterinary Service.

⁵ The Border Veterinary Service shall inform the customs administration of each lot with special charges.

¹ The undertakings for the consignments referred to in Art. 8, para. 1, let. A person must hold an authorization issued by the competent cantonal authority.

² The cantonal authorities shall communicate the name and address of the undertakings authorised to the FVO.

³ The FVO publishes the list of authorised undertakings and forwards it to the European Commission.

⁴ The destination undertaking must communicate the arrival of the consignment to the competent cantonal service within three working days following its release by the Border Veterinary Service.

⁵ If the destination undertaking is not obliged to announce the arrival of the consignment, the cantonal authority may withdraw its authorisation and take appropriate sanctions against it.

⁶ The cantonal authority informs:

A.

The border inspection post which communicated to it the departure of the lot from the arrival of the latter to the destination, by Traces Within 15 calendar days after release. In the event of a technical problem, this communication may be made by e-mail;

B.

The customs office concerned with respect for the charges or any delay in the lot, by electronic mail or by fax, normally within 15 working days of his or her release.

¹ Animal products must come from specially designated countries or regions and from undertakings authorised by the European Community, to the extent that it requires a licence issued on the basis of the provisions of the law on epizootic diseases and Foodstuffs. OSAV publishes list of approved countries and companies on the Internet ² .

² Animal products intended for human consumption must come from countries which have a national residue research programme approved by the European Community for the category of foodstuffs in question.

³ The companies of origin must fulfil the conditions laid down by the Swiss law on epizootic diseases and foodstuffs.

⁴ The origin of the animal products and compliance with the conditions must be confirmed in the certificate prescribed by the law of the European Community.

⁵ The DFI publishes the references of the legislative texts adopted by the European Community concerning:

A.

Specially designated countries and regions from which the importation of animal products is permitted, including the safeguard measures to be taken;

B.

Certificates; and

C.

Approved national residues research programmes in foodstuffs.

⁶ If the legislation or legislative amendments referred to in para. 5 concern minor technical details, references may be published by the FVO.

⁷ Advance notice of lots must be done in accordance with s. 25, para. 1 to 3.

¹ Meat within the meaning of Art. 1, para. 1, let. A, of the Agricultural Order of November 26, 2003 (OAgrD) ² From States whose legislation does not have a ban on the use of hormones as performance enhancers in the production of meat equivalent to that laid down in Art. 2, para. 4, let. A, c. 1, OAgrD, can be imported: ³

A.

Bovine meat listed under tariff item No. 0201.2091, 0202.2091, 0201.3091 or 0202.3091;

B.

If the meat is sold exclusively for consumption in the Swiss customs territory; and

C.

If the importers and their customers guarantee the customs administration the respect of the let. B and paras. 4 to 6 by signing an employment commitment; s. 2, let. C, 6 to 8 and 23 to 25 of the DFF order of 4 April 2007 on customs relief ⁴ Apply by analogy to the import procedure and controls.

² The meat can only be imported via the border inspection posts at the Zurich and Geneva airports.

³ When the consignments arrive in Switzerland, a declaration in one of the official languages or in English must be placed on the packaging in accordance with Art. 3 and 5 OAgrD.

⁴ The declaration referred to in s. 3 and 5 OAgrD shall be placed in an official language on each first envelope which is in contact with the meat at the latest when the consignments arrive in the first place of destination.

⁵ The parts and slices obtained during the cutting or dressing of the meat defined in para. 1, can only be transferred directly to the consumer by retail companies. They shall be provided with the declaration referred to in para. 4.

⁶ Meat can only be processed into meat preparations or meat products if these preparations or products are sold directly to the consumer by retail companies.

⁷ Parts and slices that are not used in accordance with paras. 5 and 6 shall be disposed of as animal by-products of category 3 in accordance with the provisions of the order of 25 May 2011 concerning the disposal of animal by-products (OESPA) ⁵ . ⁶

⁸ It is prohibited to transport meat imported into Switzerland under para. 1.

⁹ The s. 1 to 8 do not apply to consignments accompanied by a health certificate recognised by the European Community.

¹⁰ Meat preparations and meat products from states whose legislation does not have a ban on the use of hormones as performance enhancers in the production of meat equivalent to that laid down in Art. 2, para. 4, let. A, c. 1, OAgrD, can only be imported if the lot is accompanied by a health certificate recognised by the European Union. ⁷

¹ The re-importation of a consignment that is rejected by a third country shall be authorised by the Border Veterinary Service if the lot is accompanied by:

A.

An original certificate or a certified copy of the certificate drawn up by the authority which sent it back and stating the grounds for the return; the certificate must attest that the conditions for the storage and transport of the animal products have been met And that the products have not undergone any treatment; or

B.

Certification of the carrier, in the case of sealed containers, certifying that the content has not been processed and has not been unloaded.

² The lot must be announced to the Border Veterinary Service for control and must be transported to the original undertaking referred to on the export certificate in accordance with the charges referred to in Art. 8.

¹ Foodstuffs of animal origin intended for the supply of personnel and passengers on board aircraft operating at international level, as well as food waste, must continue on the same plane or be Disposed of in accordance with s. 13 OESPA ¹ .

² Compliance with the provisions of the OESPA is the responsibility of the competent cantonal authority.

³ Companies serving food on board aircraft transmit a file to the FVO, which describes the disposal routes authorized by the canton. Any changes to the processes identified in the file must be communicated promptly to the FVO.

¹ The FVO may authorise the importation of animal products which do not meet the conditions laid down in Art. 10 with the payment of certain charges and provided that such products are used:

A.

As samples for commercial use or for exhibitions, or

B.

For special studies or analyses.

² Animal products referred to in par. 1 shall not be used for any purpose other than that mentioned in the authorization. It is forbidden to use them for human consumption.

³ After consultation with the competent cantonal authority, the FSO shall determine the conditions for the re-export of these products to a third country or their disposal in accordance with the provisions of the OESPA ¹ .

⁴ The FVO shall inform the competent cantonal authorities of the authorisations it has granted. These authorities verify the compliance with the charges.

¹ The DFI sets out the conditions for importing animal products from third countries into passenger traffic. ¹

² The FSO keeps travellers informed.

Art. 15 shall apply by analogy to consignments of foodstuffs of animal origin or containing a share of food of animal origin originating in a third country and addressed to an individual domiciled in the territory of importation.

¹ The transit of consignments originating in a third country and destined for a Member State of the European Union shall be governed by Art. 10, para. 2, 4 and 5 and by art. 14 to 16.

² If the lots are going on in a car or a road transport vehicle, they must meet the conditions applicable to imports.

³ In addition, the transit of consignments intended for a Member State of the European Union which is carried on by air without being transported in a car or road transport vehicle shall be governed, moreover, by paras. 4 to 7.

⁴ Advance notice of lots must be done in accordance with s. 25, para. 1 to 3; if the consignments are scheduled to be transshipped from one aeroplane to another, the time of the transfer and the possible place of storage at the official location will also be indicated.

⁵ If the consignments stay longer than 12 hours at the airport, they must be sent to the premises of the Border Veterinary Service and presented to the Border Veterinary Service for veterinary control.

⁶ They shall not leave the perimeter of the airport delimited by the Customs Administration.

⁷ If the transhipment is made more than 12 hours after the landing of the aircraft, the handling undertaking subject to the obligation to report must inform the Border Veterinary Service without delay. It must inform it a second time if the lot remains more than 48 hours at the airport.

¹ The transit of consignments originating in a third country and transiting through a Member State of the European Union to another third country shall be governed by Art. 10, para. 1, 4 and 5 and by art. 14 to 16, if there are grounds for the outbreak of animal disease.

² Advance notice of lots must be done in accordance with s. 25, para. 1 to 3; if the consignments are scheduled to be transshipped from one aeroplane to another, the time of the transfer and the location of the possible storage in the official location will also be indicated.

³ The transit of the lot is permitted:

A.

If the lot comes from a third country from which the import is not prohibited for the purpose of animal disease;

B.

If the person subject to the obligation to declare agrees to take back the lot and return it to the country of origin in case of refoulement;

C.

If the said person presents a certificate providing health guarantees, provided that the certificate is required. The FVO publishes the list of necessary certificates on the Internet.

⁴ The lot should not be presented to the Border Veterinary Service for physical control:

A.

It is transshipped from one aircraft to another within 12 hours of arrival without leaving the official location; or

B.

If he is not discharged from the aircraft.

⁵ If the transhipment is made more than 12 hours after the aircraft has landed, the handling agents are required to inform the Border Veterinary Service of the shipment without delay, to transport the lot to the premises designated by that service and Present it for veterinary control.

⁶ The lot must not leave the perimeter of the airport delineated by the Customs Administration, unless it has been released and if it continues its road in a car or road transport vehicle.

⁷ The consignment must leave the territory of import, Norway and European Union countries within 30 days via a border inspection post. Its routing to this position, in a car or road transport vehicle, must meet the following conditions:

A.

Be carried out without transhipment and without splitting in vehicles or containers sealed by the authorities; and

B.

Be subject to customs supervision.

¹ The transit of consignments transported from the territory of import directly to a third country is governed by Art. 18, para. 1 and 3 to 6.

² The FSO shall lay down the conditions for the prior announcement of the consignments in a technical directive.

¹ May be stored in open customs warehouses or customs free deposits located on the territory of importation only those consignments controlled and released by the Border Veterinary Service. These lots may be released later in free practice without having to be checked again by the Border Veterinary Service.

² If the consignments are to be stored in a free zone, a customs franc deposit or a customs warehouse located in a Member State of the European Union, Art. 12 of Council Directive 97 /78/EC of 18 December 1997 laying down the principles relating to the organisation of veterinary checks for products originating in third countries introduced into the European Union ¹ Applies.

³ If the consignments are intended for an authorised operator domiciled in the European Union within the meaning of Art. 13, para. 1, let. A, of Council Directive 97 /78/EC of 18 December 1997, s. 12 and 13 of that directive apply.

¹ Handling agents are required to submit consignments to veterinary control at the location designated by the Border Veterinary Service.

² The FVO may reduce the frequency of physical checks of animal products at the time of importation by complying with the provisions of Decision 94 /360/EC ¹ .

³ If they meet the import or transit conditions, the consignments are released by the Border Veterinary Service.

The consignments destined for the territory of importation must be subject to documentary control, identity checks and physical checks.

¹ The consignments intended for a Member State of the European Union must be subject to documentary control, identity checks and physical checks:

A.

They stay more than 48 hours at the airport;

B.

In the case of a charge referred to in s. 8; or

C.

If they leave the airport and continue their road in a road vehicle.

² If the lot stays more than 12 hours but less than 48 hours at the airport, the Frontier Veterinary Service performs a documentary check. However, it may carry out identity checks and physical checks if these controls are necessary for animal health, food safety or animal protection reasons.

³ If the lot remains on board the plane or at the airport less than 12 hours, the Border Veterinary Service may carry out a documentary check, an identity check and a physical check if these checks are necessary for reasons of Animal health, food safety or animal welfare.

⁴ Frontier veterinary control of the lots referred to in s. 2 and 3 shall be carried out in full at a designated border inspection post of the country of destination.

¹ Lots originating in a third country and destined for another third country shall be subject to documentary control and identity checks by the Border Veterinary Service.

² The control is limited to a verification of the cargo manifest:

A.

If the lot is transshipped from one plane to another within 12 hours without leaving the official location; or

B.

If the lot remains on board the aircraft.

³ The in-transit lots referred to in para. 2 may be controlled by the Border Veterinary Service by sampling and in case of suspected violations of the legislation on epizootic diseases, animal protection or foodstuffs.

⁴ Documentary control, identity checks and physical checks are compulsory if the consignments leave the airport and continue their road in a road vehicle.

¹ The common veterinary document of entry (CVED) must be completed for each lot that is to be controlled by the Border Veterinary Service. Part 1 of the document must be completed electronically in the system Traces By the person subject to the obligation to report, other parties, by the Border Veterinary Service. CECRs are not to be completed for the lots referred to in s. 19 , Al. 1. ¹

² In the case of fish or fishery products for personal use only, Part 1 of the KVD may be completed on paper if the net weight of the lot does not exceed 30 kg. ²

³ The person subject to the obligation to report transmits Part 1 of the KVD to the Border Veterinary Service by fax prior to the arrival of the batch. This transmission shall be the pre-advertisement of the lot.

⁴ The Border Veterinary Service:

A.

Completes Part 2 and the other required parts of the KVD and signs once the veterinary border control has been completed;

B.

Captures data from the DVCE in Traces ; and

C.

Makes the KVD duly completed to the person subject to the obligation to report for it to be returned to the customs office.

⁵ The customs office makes the KVD to the person subject to the obligation to report after the customs duty has been assessed.

⁶ The consignment shall accompany the consignment to the destination undertaking mentioned on the KVD, located in the territory of import or in the Member State of the European Union. It refers to the treatments that the lot has undergone, if this information is required.

⁷ If the lot goes on to a third country, the KVD shall accompany it to the external border of the European Union, unless the lot is sent directly from Switzerland to the third country.

⁸ In the event of storage of the lot in an open customs warehouse or an open customs deposit on the territory of importation, the KVD shall be presented to the competent customs office.

Uncounted game and wild birds shall be subject to self-control by the destination undertaking in accordance with the provisions of the ordinance of 23 November 2005 concerning the slaughter of animals and the Meat control ¹ As well as official veterinary control.

¹ If the customs offices find that the lots referred to in s. 15 and 16 do not meet the conditions laid down in Annex 4 to the Ordinance of 16 May 2007 on the OITE controls ¹ , they confiscate them. ²

² The FVO organises the disposal of confiscated lots in accordance with the provisions of the OESPA ³ . ⁴

¹ Where a lot of animal products remains in the custody of the customs office, the person subject to the obligation to report must:

A.

Keep a copy of the DVCE accompanying the lot;

B.

Take note of the date of arrival of the batch at the customs office; and

C.

Take note of the date of the placement under customs procedure or, if the customs taxation is split, of the dates of the placement under customs procedure.

² If the customs taxation is split, a certified copy of the ECAD must accompany each part of the consignment. The person subject to the obligation to report must request this copy from the Frontier Veterinary Service, which provides it with the payment of a fee. This copy should be supplemented by information on the revised quantity or weight.

¹ The Border Veterinary Service shall inform Traces The border inspection post from which the lot will leave the territory of import or the European Union to the third country. The said inspection station shall inform the Swiss Border Veterinary Service of the departure of the lot of the European Union.

² If the Border Veterinary Service has indications that a lot has not left Swiss territory or the European Union within the prescribed period, it shall inform the Customs Administration accordingly. The Commission is conducting an investigation. If the export of the consignment of the territory of import or of the European Union cannot be proved, the FVO shall inform the Member States of the European Union by which the lot should have been transported.

³ Where the supervisory authorities receive a notification from a border inspection post of the European Union concerning a consignment destined for the territory of import, they shall confirm the arrival of the consignment at the inspection post and Inform them of the results of the checks they have carried out.

¹ Import and transit are prohibited if the controls reveal:

A.

That the lots do not meet the import or transit conditions;

B.

Batches pose a risk to human or animal health;

C.

The conditions relating to the health status and food safety which must be respected in the country of origin have not been met;

D.

The veterinary certificate or the DVCE does not comply with the requirements; or

E.

That the border inspection post is not approved for the control of the category of animal products in question.

² The Border Veterinary Service shall immediately order the necessary measures to prevent further damage to other lots.

¹ The Frontier Veterinary Service:

A.

Animal products suspected of being the vectors of an outbreak;

B.

Animal products suspected, on the basis of certain indices, of not fulfilling the conditions laid down in the legislation on epizootic diseases or foodstuffs; or

C.

Animal products suspected of not being consistent with documentary data concerning their origin, destination or guarantees concerning them.

² It stores the animal products that are sequestered at the expense and risk of the person subject to the obligation to report.

³ It then takes a measure under s. 32 to 34 depending on the situation or releases the lot. Before making a decision, he or she hears the person subject to the obligation to declare; he or she may only refouler the lot with the agreement of the country of destination, unless that country is the country of origin.

⁴ If this is justified, it may inform the competent cantonal authority or the authority of the country of destination that the consignments have been released and require the consignor.

The Border Veterinary Service decides to refouler animal products within the time limit which it has set, but which must not exceed 60 days, if no reason for the legislation on epizootic diseases, the protection of animals or foodstuffs Against it.

¹ The Border Veterinary Service may order:

A.

Processing or processing to bring the animal products into conformity with the provisions of the legislation on epizootic diseases or foodstuffs; or

B.

A processing for purposes other than animal or human consumption.

² Only methods accepted by the foodstuffs legislation, the animal feed legislation and the animal feed legislation can be used for treatment. Dilution is prohibited.

¹ The Border Veterinary Service confs:

A.

Animal products which are clearly damaged or which may be harmful to human or animal health;

B.

Captive animal products whose import is prohibited and cannot be returned to the consignor within the specified time limit; and

C.

Abandoned animal products.

² The person subject to the obligation to report is required to dispose of the animal products in accordance with the conditions set out by the Border Veterinary Service.

³ Abandoned animal products that have been confiscated shall be returned to the collecting centre designated by the canton for disposal. The Confederation reimburses the costs of disposal in the canton.

The costs of the measures referred to in s. 31 to 34 are the responsibility of the person subject to the obligation to report.

Unless another authority has been expressly charged, the enforcement of s. 11 according to the legislation on foodstuffs is the responsibility of the cantonal food control authority.

The order of 18 April 2007 concerning the import and transit of animal products by air from third countries ¹ Is repealed.

The amendment to the existing law is set out in Schedule 2.

This order shall enter into force on 1 ^Er October 2008.